Chapter 823.
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CHAP. 823.— An act to provide for two additional associate justices of the supreme court of Dakota, and for other purposes.August 9, 1888. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Dakota.Two additional justices.Vol. 28, p. 101. That hereafter the supreme court of the Territory of Dakota shall consist of a chief justice and seven associate justices, any five of whom shall constitute a quorum. Sec. 2. Appointment.That it shall be the duty of the President to appoint two additional associate justices of said supreme court in manner now provided bylaw, who shall hold their offices for the term of four years and until their successors are appointed and qualified.
Sec. 3. Districts.That the Territory of Dakota shall be divided into eight judicial districts, and a district court for the trial of all cases arising under the laws of said Territory, or which may be within the jurisdiction of said courts under the laws of said Territory, shall be held in each district by one of the justices of said supreme court, at such Assignment of judges.time and place as may be provided by law. Each judge, after assignment, shall reside in the district to which he is assigned.
Sec. 4. Fifth and third districts subdivided.Vol. 23, p. 101. That the fifth judicial district of said Territory, as defined by act of Congress approved July fourth, eighteen hundred and eighty-four, shall be divided into two judicial districts, which shall be known as the fifth and seventh judicial districts of said Territory: and the third judicial district of said Territory shall be divided into two judicial districts, which shall be known and called the third and eighth judicial districts of said Territory.
Sec. 5. Fifth district.That the fifth judicial district of said Territory shall consist of the counties of Beadle, Kingsbury, Brookings, Hughes, Hyde, Hand, Sully, Faulk, Clarke, Potter, Codington, Hamlin, and Deuel. Sec. 6. Seventh district.That the seventh judicial district of said Territory shall consist of the counties of Spink, Brown, Day, Marshall, Grant, Roberts, Edmunds, Walworth, McPherson, Campbell, and the Sisseton and Wahpeton Indian Reservation, and also shall include the following portion of the Great Sioux Indian Reservation, to wit:
All that portion lying northward of the counties Presho and Pratt, and a line extending the north line of the county of Pratt to the twenty-fifth degree of longitude west from Washington, and eastward of said degree of longitude, and southward of the north line of Bozeman and Schnasse Counties. Sec. 7. Eighth district.That the eighth judicial district of said Territory shall consist of the counties of Grand Forks, Walsh, Pembina, Nelson, Ramsey, Cavalier, and Turner. Sec. 8. Third district.That the third judicial district of said Territory shall consist of the counties now constituting the same, except as it may be affected by the formation of the eighth judicial district herein provided for.
Sec. 9. Assignment of new judges.That temporarily, and until otherwise ordered by law, the additional associate justices herein provided for shall be assigned to the seventh and eighth judicial districts, respectively: and it shall be Terms.the duty of said judges to appoint and fix the terms of holding courts in each of the counties of their respective districts until the legislative assembly of said Territory shall fix said terms. Sec. 10. Jurisdiction.That the district court in each of said districts shall have jurisdiction to try, hear, and determine all matters and causes that the court of any district of said Territory possesses, excepting as hereinafter mentioned, and all causes and matters now pending in the old districts affecting persons or things which properly belong to the new districts hereby created shall be certifies for disposition to said new districts by the judge of the old district: and section Vol. 20, ch. 194, sec. 6, p. 473, and Vol. 23, ch. 182, sec. 7, p. 102, repealed.six of the act entitled “An act providing for an additional associate justice of the supreme court of the Territory of Dakota,” approved March third, eighteen hundred and seventy-nine, and section seven FIFTIETH CONGRESS.
Sess. I. Chs. 823, 824, 859. 1888.399 of the act entitled “An act providing for two additional associate justices of supreme court of the Territory of Dakota, one additional associate justice of the supreme court of the Territory of Washington, and for other purposes,” approved July fourth, eighteen hundred and eighty-four, be, and the same are hereby, repealed. Sec. 11. That the associate justice of each judicial district shallTerms. hold at least one term of the United States district court in each year, at such place in his judicial district as he may select, and grand and petit juries shall be summoned thereto as now provided by law, and said associate justice shall hold at least one term of court in each judicial subdivision of his district in each year.
Sec. 12. That no justice of the supreme court of said Territory shallDisqualifications of judges. sit as a member of said court in the trial of any question decided by him in his district or wherein he has any interest directly or indirectly. Sec. 13. That nothing in this act shall he so construed as to preventBoundaries of districts. the legislative assembly of said Territory at any time from changing and arranging the boundary-lines of the judicial distracts of said Territory, nor from fixing the time and place of holding the several terms of court in said district Sec. 14.
That all offenses committed before the passage of this actPending actions. shall be prosecuted, tried, and determined in the same manner and with the same effect (except as to the number of judges) as if this act had not been passed. Sec. 15. That all unorganized counties lying west of said eighth judicialUnorganized counties. district are hereby annexed, for judicial purposes, to the sixth judicial district of said Territory. Approved, August 9, 1888. Chapter 824: to amend the charter of the Capitol, North O Street and South Washington Railway Company.
Chapter 824 25 Stat. 399 1888-08-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-23 50 1 public
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